A criminal charge can bring uncertainty about court dates, evidence, and what may happen next. For someone accused of a felony in California, a preliminary hearing can be an important stage of the case before a matter proceeds toward trial. Understanding the purpose of the hearing and what happens in court can make the process easier to follow. It can also help a defendant understand why preparation and informed legal advice matter.
What Is a Preliminary Hearing in California?
A preliminary hearing is generally held in California felony cases to determine whether there is enough evidence to require the defendant to answer the charges and proceed with the case. The judge is not deciding whether the defendant is guilty or innocent at this stage. Instead, the court considers whether the prosecution has established probable cause supporting the alleged offenses.
The hearing therefore has a different purpose from a trial. A trial determines guilt based on the applicable standard of proof, while a preliminary hearing addresses whether the case has enough evidentiary support to move forward.
What Happens at a Preliminary Hearing?
The prosecution presents evidence intended to support the charges. This can include testimony from witnesses and other evidence permitted at the hearing. The defense has an opportunity to question prosecution witnesses and challenge the evidence presented.
Important parts of the process may include:
Witness testimony: Prosecution witnesses may testify about the events underlying the charges.
Cross-examination: Defense counsel can question witnesses about their testimony and the facts they describe.
Judicial review: The judge considers whether the evidence establishes probable cause for the charged offenses.
The defense does not necessarily need to present its entire trial strategy at this stage. A preliminary hearing has a limited purpose, so the approach taken can depend on the evidence, charges, and circumstances of the case.
What Must the Prosecution Establish?
The prosecution must present sufficient evidence for the judge to determine that probable cause exists to believe the defendant committed a felony. This is a lower standard than the proof required for a conviction at trial.
The distinction matters because a finding of probable cause does not mean the defendant has been found guilty. If the judge determines the required showing has been made, the defendant is generally held to answer and the felony case can continue toward the next stage of the superior court proceedings.
How Can the Defense Challenge the Case?
A preliminary hearing gives the defense an opportunity to test the prosecution's evidence within the limits of the proceeding. The specific strategy depends on the allegations, available evidence, and legal issues involved.
Possible areas of focus include:
Witness credibility: Testimony may contain inconsistencies, omissions, or other issues that can be explored through questioning.
Elements of the charges: The defense can examine whether the evidence supports the required elements of each offense.
Legality of evidence: In appropriate circumstances, constitutional or evidentiary issues may provide grounds for challenging evidence presented by the prosecution.
A defense attorney can also evaluate whether motions or other legal issues should be addressed before, during, or after the preliminary hearing.
What Happens After the Hearing?
If the judge finds sufficient evidence to hold the defendant to answer, the prosecution generally files an Information containing the charges that may proceed. The defendant then has another arraignment based on that charging document, followed by additional pretrial proceedings.
If the judge does not find sufficient evidence for a particular charge, that charge may not proceed in the same manner from the preliminary hearing. The exact outcome depends on the court's rulings and the circumstances of the case.
Preparing for a Preliminary Hearing With Schweitzer & Davidian
A preliminary hearing can affect how a felony case moves forward, making it important to understand the allegations, available evidence, and legal issues before appearing in court. Schweitzer & Davidian provides criminal defense representation for serious charges and can help clients understand their options throughout the criminal process. Contact Schweitzer & Davidian at (559) 206-2322 to discuss your case and learn how experienced criminal defense counsel can help you prepare for the next stage.